قاعدة "إذا بطل الأصل يُصار إلى البدل" (مفهومها، وحكمها، وأهميتها، وضوابطها، وصورها المعاصرة) (دراسة استقرائية)

Abstract

The current research has aimed at exploring the conception, the ruling, the importance, and the stipulations the rule that says, "If the origin source is not available, the substitution is to be used instead" . The research has used the descriptive analytical methodology. A review of literature has been administered. The research has reached the following findings; first, the rule 'If the origin source is not available, the substitution is to be used instead" means that the substitute can work in case that the main source is not applicable; second, the rule 'If the origin source is not available, the substitution is to be used instead" has many interchangeable phrases; third,  the rule 'If the origin source is not available, the substitution is to be used instead" has got evidence from the Qur'an, Hadith and the unanimity of the Scholars; fourth, the rule 'If the origin source is not available, the substitution is to be used instead" is of utmost importance in inferring jurisprudence rulings; fifth, of the stipulations of this rule  is that the alternative is not to be used unless there is evidence and unless it is necessary and gradually applied. The research  recommends that people ought to be aware of the conception, the ruling, the importance, and the stipulations the rule that says, "If the origin source is not available.

Keywords: "If the origin source is not available, the conception, the ruling, the importance, and the stipulations.